Equal Status Acts 2000-2015
DEC – S2016-054
Parents on behalf of their son
(represented by Gary Mulchrone, Gilvarry & Associates Solicitors)
versus
An Foras Patrunachta
(represented by Margaret Gorman Eversheds Solicitors)
File reference: et-153404-es-15
Date of issue: 9th September 2016
Keywords: Equal Status Acts, Disability, failure to provide reasonable accommodation, correct respondent
Dispute
1.1 The case concerns a complaint by parents on behalf of their son against An Foras Patrunachta regarding the alleged refusal to allow in the school. The claim is that he was discriminated on the ground of disability by failure to provide reasonable accommodation as defined in Section 4 of the Equal Status Acts 2000 to 2015 [hereinafter referred to as ‘the Acts’].
1.2 The complaint was referred under the Acts to the Director of the Equality Tribunal on 2nd February 2015. On 24th August 2015, in accordance with her powers under the Acts, the case was delegated by the Acting Director to me, Orlaith Mannion, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under the Acts. On this date, my investigation commenced. Submissions were received from both parties and a hearing was held on 21st September 2015 as required by Section 79(1) of the Acts. Significant amounts of correspondence continued after the hearing.
1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to 1st October 2015, in accordance with section 84(3) of the Workplace Relations Act 2015.
Summary of the complainant’s case
2.1 The complainant submits that as the relevant school is under the aegis of An Foras Patrunachta they must also be held legally liable. The respondent is a patron of Gaelscoileanna. The complainant argues that the patron defines the ethos of the school and appoints a Board of Management to run the school. This is recognised in the Education Act of 1998. The parents of the complainant made the patron aware on 29th August 2014 and 5th September 2014 that, in their view, the Board of Management were not discharging their functions properly by not allowing the complainant’s emergency medical kit on the premises of a school under An Foras Patrunachta’s patronage. An Foras Patrunactha has the power to intervene (apart from a phonecall to the mother reiterating the school’s position but they chose not to.
Summary of the respondent’s case
3.1 The respondent points out that the powers of the patron under the Education Act 1998 are limited:
Section 14 – duty to establish a Board of Management
Section 15 – agreement of the patron regarding publishing the admission policy of the school
Section 16 – dissolution by a patron of the Board of Management
Section 19 Intervention if Board of Management is not conducting its duties properly.
It disagrees that it could immediately invoke Section 19 at the time when the alleged discrimination happened. The matter arose on 28th August 2014 and was resolved by 9th September 2014.
3.2 The respondent states it has no role in manging the school. It cites Christopher Car v Gaelscoil Mhainistir Na Corran as authority.[1] In that Decision the Equality Officer found that ‘I am satisfied that the correct respondent in these proceedings is the Board of Management of the school which is the service provider with responsibility for the school and its policies’. The respondent points out that as a patron of 68 schools it could not become involved in the management of the school. The Board of Management is a corporate body in its own right. Section 14 (2) of the Education Act states: ‘Each board shall be a body corporate with perpetual succession and power to sue and may be sued in its corporate name.’
Conclusions of the Equality Officer
4.1 In the circumstances of this case, I accept the respondent’s contention that it is not the correct respondent. It is clear from the Education Act 1998, the caselaw cited and the evidence given at the hearing that the Board of Management of the relevant Gaelscoil is responsible.
Decision
In accordance with Section 25(4) of these Acts, I conclude this investigation and issue the following decision:
that An Foras Patrunachta is the incorrect respondent in this case.
_________________
Orlaith Mannion
Adjudication Officer/Equality Officer
Footnotes
[1] Equality Tribunal Decision: DEC-S2009-023 Paragraph 5.3